Fashion and Beauty Essentials Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN; A PURCHASE DOES NOT INCREASE ODDS OF WINNING; CONSUMER DISCLOSURE: YOU HAVE NOT YET WON
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH GOVERN YOUR PARTICIPATION IN THE SWEEPSTAKES, AND TO RECEIVE MARKETING MATERIALS FROM GROUP NINE MEDIA, INC. ("SPONSOR") AND BARBARA STURM, WELL & GOOD, AND BANDIER ("SWEEPSTAKES PARTNER(S)". YOU ALSO REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS BELOW.
The Sweepstakes is sponsored by Group Nine Media, Inc., located at 568 Broadway, Floor 10, New York, NY 10012. The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited by law, or where bonding, registration, or other requirements have not been met. Decisions of Sponsor are final and binding with respect to all matters relating to the Sweepstakes.
1. Eligibility Requirements. The Sweepstakes is open to individuals legally residing in the fifty (50) United States or the District of Columbia, aged 18 or over, who meet their jurisdiction's minimum age requirement. Officers, employees, agents, and immediate family and household members of Sponsor, Sweepstakes Partner(s), and their respective parents, subsidiaries, affiliates, advertising and promotion agencies and anyone professionally associated with the Sweepstakes (collectively, "Sweepstakes Entities") are not eligible. Winner(s) may be required to furnish proof of identity, address, and age to receive a prize.
2. Sweepstakes Period. The Sweepstakes begins on July 9, 2020 at 10:00 AM Pacific Standard Time and ends on August 10, 2020 at 11:59 PM Pacific Standard Time (the "Sweepstakes Period"). Entries received prior to or following the Sweepstakes Period will be disqualified, except the entries received by physical mail may be received as indicated below. The Sponsor's computer is the official time-keeping device for the Sweepstakes.
3. Entry. To enter the Sweepstakes, visit https://www.popsugar.com/beauty/47530360 and provide the following information during the Sweepstakes Period: first name, last name, and email address (such information, along with any other information or materials you submit in connection with the Sweepstakes, are your "Submission"). You may also enter by mailing your name and address to Group Nine Media, Inc., 568 Broadway, Floor 10, New York, NY 10012, Attn: "Legal and Business Affairs – Sweepstakes # 646 Entries". Mailed entries must be postmarked during the Sweepstakes Period and received no later than forty-eight (48) hours following the close of the Sweepstakes Period. Mechanically reproduced or pre-printed entries or mailing labels will not be accepted. You represent and warrant that you own and possess all rights to the Submission including but not limited to all rights to any trademarks, copyrights, and rights of publicity incorporated therein ("Rights") and that your Submission is wholly created by, and original to, you. By providing your Submission to Sponsor, you are conveying ownership of your Submission and its associated Rights to Sponsor, and hereby irrevocably grant, transfer, sell, assign, and convey to Sponsor and its successors and assigns, all Rights in and to your Submission for exploitation throughout the universe, in perpetuity, through any media and devices known or unknown. You also hereby waive in favor of Sponsor, all moral rights that you may now or later have to your Submission, throughout the world. Sponsor may freely sublicense, assign, transfer, edit, composite, morph, scan, duplicate, alter, or create derivative works of the entry for any purpose which Sponsor deems necessary or desirable.
4. Odds. Odds of winning depend on the number of entries received.
5. Entry Limit. Limit one (1) entry per person, per email account. You may not use multiple means of entry (e.g., multiple email accounts) to circumvent the entry limit.
6. Prize(s). There will be three (3) confirmed winners. Each confirmed winner will receive one (1) $500 gift card to Dr. Sturm, and one (1) $500 gift card to Bandier with a total approximate retail value (ARV") of one thousand United States Dollars ($1,000) each and a total ARV of three thousand United States Dollars ($3,000) (each a "Prize", collectively the "Prizes").
Prizes delivered via post must be delivered to a valid U.S. address. The ARV represents Sponsor's good-faith determination of the approximate retail value of the Prizes in U.S. dollars and may differ from the actual fair market value. The actual fair market value is determined by Sponsor, is final and binding, and may not be challenged or appealed. If the ARV of a prize exceeds the actual fair market value of the prize, the difference will not be awarded to winner in cash or otherwise. There is no cash alternative for the Prize, in whole or in part. The Prize is non-transferable and non-exchangeable. No compensation, refunds, or alternatives will be offered due to a winner's inability to attend, claim, or use the Prize. Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Sponsor be obligated to award more prizes than the number of Prize(s) stated in these Official Rules.
7. Winner Selection. Sponsor will use a computer-generated randomizer to select three (3) winner(s) from the entries received during the Sweepstakes Period (or, for mail entries, received by the date indicated above). If there is a dispute regarding the identity of the winner, the registered account holder of the email account used to submit the winning entry will be deemed the winner, subject to such owner's compliance with the Official Rules. Sponsor reserves the right to deliver Prize(s) to the email or mailing address supplied by the winner at the time of entry.
8. Winner Notification and Acceptance Requirements. Sponsor will contact winner(s) by the email address provided to enter, or, for entries received by mail, the mailing address if no email address is provided. Sponsor is not liable for a winner's failure or inability to receive communications sent by Sponsor to the contact information provided. To receive the Prize, the winner must: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign and return an affidavit or declaration of eligibility, IRS Form W-9 (if requested), and liability and publicity release (together, "Winner Paperwork") to Sponsor within five (5) business days of Sponsor's delivery. A winner may be disqualified for: failure to timely respond to Sponsor's notification, failure to timely complete and return the Winner Paperwork, failure to meet the Eligibility Requirements at the time of entry, failure to comply with the Official Rules, and/or failure to comply with applicable laws and regulations, each as determined in Sponsor's sole discretion. All winner privileges shall immediately terminate upon disqualification. If a winner is disqualified, Sponsor may select an alternative winner (up to a maximum of two alternates). No alternate winner will be drawn if a Prize is time-sensitive. Normal time, toll, connection, and usage rates charged by your Internet Service Provider may apply. Winner(s) are responsible for all federal, state, and local taxes on the value of the Prize. Winner(s) may receive from an IRS form 1099-MISC at the end of the calendar year, a copy of which form will also be filed with the Internal Revenue Service. Unless prohibited by applicable law, winner's acceptance of a Prize constitutes winner's irrevocable permission for Sponsor and Sweepstakes Partner(s) to use winner's name, address, biographical information, likeness, and testimonial for advertising or publicity purposes regarding the Sweepstakes, on a worldwide basis and in all forms of media known or unknown, without further compensation.
9. General Terms. Sponsor may disqualify any individual or void any entry if the entrant corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means to enter the Sweepstakes. Sponsor may disqualify any individual or void any entry if the entrant uses a username or email address that belongs to or is already being used by another person, whether actual or fictitious, that may be interpreted as impersonating another person, or violating the rights of any person. Incomplete, illegal, misdirected, untimely, or invalid entries will not be accepted. Proof of sending is not proof of delivery. Releasees (defined below) take no responsibility for delayed, incomplete, illegible, unintelligible, misdirected, damaged, or lost entries due to technical reasons or otherwise. If the Sweepstakes cannot be run or be administered as planned, for reasons outside of Sponsor's control, Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes (subject to any written directions given under applicable law) by posting a notice on the Sweepstakes entry page. Sponsor further reserves the right to modify, cancel, or suspend the Sweepstakes if Sponsor believes doing so is necessary to maintain the integrity of the Sweepstakes or fairness to entrants. Sponsor will not be liable for a delay or failure to perform its obligations if caused by an act, omission, event, or circumstance beyond Sponsor's reasonable control. This Sweepstakes is governed by New York law. By entering, you irrevocably consent to exclusive jurisdiction and venue of the state and federal courts located in New York, New York for any dispute arising from or relating to this Sweepstakes.
11. Risks; Warranties; Release of Claims. Your participation in the Sweepstakes is at your own risk. Releasees do not make, and hereby disclaim, all implied warranties of any kind relating to the Prize, including warranties of fitness for a particular purpose, merchantability, and noninfringement, or any representations regarding the function or operation of the Prize. By entering the Sweepstakes, you agree to release and hold the Sweepstakes Entities and their respective agents, successors, assigns, employees, officers, and directors (collectively, the "Releasees") harmless from any liability, illness, injury, death, loss, litigation, claim, or damage directly or indirectly relating to (i) the provision, hosting, sponsorship, administration, suspension, or cancellation of the Sweepstakes, (ii) a person's ability or inability to enter or participate in the Sweepstakes, including those arising from technical failures, third-party telecommunication outages, or other force majeure events, (iii) any determination of disqualification or other decision made by Sponsor in its sole discretion, (iv) your ability to win, claim, or use a Prize, or to otherwise participate in any activity relating to the Sweepstakes, (v) the Prize itself, including use or misuse of a Prize, and/or (vi) electronic or human error, or events arising from the simple negligence of one or more Releasees. You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California ("Section 1542") (or any similar law applicable to your jurisdiction) which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. You acknowledge that you have had an opportunity to review these Official Rules and Sponsor's and the Sweepstakes Partner(s)' privacy policies and understand them. You acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees and that this release will be binding upon an entrant's and winner's heirs, executors, and administrators, and anyone claiming by or through an entrant or winner.
12. Third-Party Platforms. If this Sweepstakes is hosted, administered, or operated on a third-party platform, including without limitation social media platforms (e.g. Facebook or Instagram) (the "Third Party Platform"), then by participating in this Sweepstakes, you hereby release and hold harmless such Third Party Platform from all claims, responsibility, and liability relating to the Sweepstakes. Unless otherwise stated in these Official Rules, this Sweepstakes is not sponsored, endorsed, or administered by, or associated with, any Third Party Platform.
13. Winner Publication. The first name, last name, and state of residency for confirmed winner(s) will be available upon written request to the Sponsor at the address below, for two (2) years following the end of the Sweepstakes Period.
14. Sponsor and Sweepstakes Partner Contacts.
Sponsor(s): Group Nine Media, Inc. 568 Broadway, Floor 10, New York, NY 10012. Sweepstakes Partner(s):
Barbara Sturm Molecular Cosmetics, GmbH Konigsallee 24, Dusseldorf, Germany; Well + Good, 6 East 32nd Street, Floor 8 New York, NY 10016;
Bandier, 670 Broadway, New York; 10012